As per the guidelines of the Hon'ble Apex Court in dictum of Sqrla Verma v. Delhi Transport Corpordtion,r if the deceased was unmarrie d, of his income has t

Counsel for the Appellants: Counsel for the Respondent NO.1: NONE APPEARED SRI PUSHADAPU SUBBA RAO Counsel for the Respondent NO.2: SRI N.S.BHASKARA RAO The Court made the following: JUDGMENT I i I I THE HONOURABLE SMT. JUSTICE P.SREE SUDHA M.A.C.M.A.No.206l of 2O10 JUDGMENT: This appeal is Iiled against the Order dated 29.09.2010 in O.P.No.695 of 2O08 passed by the principal District Judge, R.R.District at L.B.Nagar, Hyderabad.

2. The appellants/ petirioners filed O.p.No.695 of 2O08, claiming compensation of Rs. 1 1,00,O0O/_ for the death of the deceased, Maddela Siva Krishna in the road traffic accident occurred on 2O.O5.2008.

3. The Trial Court considering the oral and documentary evidence granted Rs.2,36,00O/- with interest @ 7.5o/o per from the date of petition to till the date of deposit. €rnnum 4 . The learned Counsel lor the appellants/ petitroners contended that the trial Court erred in taking the monthly earnings of deceased as Rs.25OO/- even the appellants proved that he used to earn Rs.7500/ by the date of his death. The trial Court failed to consider the documents with regard to medicai expenditure in its proper perspective.

5. Petitioners deposed that the deceased was \ rorking a s Assistant Circulation Officer in G.T. Circulations and Marketing, 2 Hyderabad pertaining to Surya papers and was earning Rs.7,500/- per month. Therefore, Court finds it reasonable to take his income as Rs.S,SOO/- per month.

6. As per the guidelines of the Hon'ble Apex Court in dictum of Sqrla Verma Vs. Delhi Transport Corpordtion,r if the deceased was unmarrie d, % of his income has to be deducted towards his personal expenses. Thus, the annual income of the deceased after deducting personal expenses comes to Rs.33,0OO/- per annum and the Hon,ble Apex Court in the dictum of National Insurdlrce Cotnpang Limited. Vs. pranag SethP, held that the future prospects of income of the self- employed deceased shall aiso be included in determination of the compensation. Thus, considering the age of the deceased, 4Oo/o of the income has to be added towards future prospects and thus the amount would become Rs.46,200/_. This sum if multiplied with the multiplier appiicablc to the age of the deceased i.e.18, it would come to Rs.g,31,6OO/_. Thus, the appellants/ petitioners are entitled to Rs.g,31,600/- under the head 'Loss of Dependency' and Rs.1S,0OO/- towards medical bills. ' izoos) o scc t2t ' (20 t 7) r6 SCC 680

7. Besides, the appellants are also entitled for compensation under 'conventional heads' as prescribed in the dictum of National Insurance Compang Limited Vs. pranag Setht, i.e., Rs. 15,OO0/ towards loss of trstatc and Rs.15,000/ towards funeral cha rge s.

8. Further, the Hon'ble Supreme Court, by reiterating the comprehensive interpretation of tonsortium, given in the authorily of Magma General Insuro.nce Compang Limited us. Nanu Rrr.m Atiqs Chuhru Ralar. & others3, and in the authority between United. India Insurance Conttrtang Limited. us, Satinder Kaur @) Satwind.er Kaur and other*, fortified that the amounts for loss of consortium shall be awarded to the children who lose the care and protection of their parents as 'parental consortium' and to the parents as, ,filiai consortium, for the loss of their grown up children, to compensate their agony, love and affection, care and companionship of deceased children. Accordingly, it is just and reasonable to award Rs.8O,OOO/- as filial consortium to the petitioners.

9. Therefore, the appellants / petitioners are entitled for the compensation in the follorving terms: ' 1zo rt; ta scc r:o ' (2020) 9 scc 644 1 c a 4 4 Loss of dependency Conventional Heads Filial Consortium Medical Bills TOTAL Rs.8,31 ,600/ - Rs.30,000/- Rs.80,000/ - Rs. 15,O00/- Rs.9,56,6OO/-

10. In the result, the appeal is partly allowed by enhancing the compensation amount from Rs.2,36,0OO/- to Rs.9,56,60O/- (Rupees Nine Lakhs Fifty Six Thousand Six Hundred only) with interest at the rate of 7.5%o per annum from the date of filing the petition till date of realization. Respondent No.2 shall deposit the entire arnount within a period ol one month from the date of order. On such Deposit, petitioners are permitted to withdraw amount with interest. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed. SD/.M.OSMAN ALI BAIG ASSISTANT REGISTRAR //TRUE COPY// To, SECTION OFFICER

7. The Motor Accident craims Tribunar-cumthe court of the principal - -- District Judge, Rangareddy District at L.B.Nagar, HyOeiiUaO.

2. One CC to SRt. PUSHADAPU SUBBA RAO Advocate tOpUCI 3. One CC to SRt. N.S.BHASKARA RAO Advocate tOpUCI 4. Two CD Copies W HIGH COURT DATED:01 10512025 I I I I I i : ; I i I I I JUDGMENT+DECREE MACMA.No.2061 of 2010 ., :l r t'l1 ar' *l:c \ ,.) N6 Stt \r.. j.: . ,l 'i.:-'i i., ii // -L- !:: /.)'- ---; MACMA IS PARTLY ALLOWED g HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD [ 3208 ] THURSDAY,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE P.SREE SUDHA MOTOR ACCIDENT CIVIL MISCELLANEOUS AP PEAL NO: 2061 OF 2010 Betweenl 'I.MADDELALAXMANGOUD,S/o.ChandraiahBusinessR/oHNo48-304' ' cri',"r[*gri Crriniat, Qutubullapur Municipal Circle, GHMC , Qutubullapur Mandal, - 2.MaddelaPadmavathi,WoM.LaxmanGoudHouseholdR/o.H.No.48.304, Cln"irrnrg;i Chr..tai, Qutubullapur Municipal Circle, GHMC , Qutubullapur Ma ndal, ...APPELLANTS AND 1 2 M.JAGAN, S/o.Minjeeya, Maior Owner of Tanker No AP 12 U 7082 iii;. i n;.b-8,-Duniigir Vittrge, Qutubullapur Mandal, Ranga Reddv District The Oriental lnsurance Co Ltd, rep by its Divisional Manager O/o 'l No.f i, ira ftoor, oyasis Plaza, Tilaknagar, Abids, Hyderabad' ' PB ...RESPONDENTS AppealfiledUnderSectionlT3ofMotorVehiclesActagainsttheJudgment and Decree daled 2910912010 passed in t\ilVoP.No.695 of 2008 on the file of the Motor Accident claims Tribunal-cum-the court of the Principal District Judge, Rangareddy District at L.B.Nagar, Hyderabad' This appeal is coming on for hearing and upon perusing the grounds of appeal,theJudgmentandDecreeoftheLowerCourtandthematerialpapersinthe Case and upon hearing the arguments of Sri Pushadapu Subba Rao' Advocate for the Appellant and Sri N.S.Bhaskara Rao, Advocate for Respondents MACMA.No.2061 of 2010. This Court doth Order and Decree as follows :

1. Thatthe M.A.C.l\il.A.No. 2061 of 2010 filed by claimant be and hereby is parfly allowed by enhancing the compensation amount from Rs.2,36,000/- to Rs.9,56,6001 (Rupees Nine Lakhs Fifty Six Thousand Six Hundred only) with interest at the rate of 7.Sok per annum from the date of filing the petition till date of realization.

2. That the Respondent No.2 shall deposit the entire amount within a period of one month from the date of order. On such Deposit, petitioners are permitted to withdraw amount with interest.

3. There shall be no order as to costs //TRUE COPY// SD/-M.OSMAN ALI BAIG ASSISTANT REGISTRAR I iJ ECTION OFFICER To,

1. The Motor Accident Claims Tribunal-Cumthe Court of the principal District Judge, Rangareddy District at L.B.Nagar, Hyderabad.

2. Two CD Copies TPK/PSL W, HIGH COURT DATED:01 10512025 DECREE MACMA.No.2061 of 2O10 MACMA IS PARTLY ALLOWED